K.S.ISAK Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the judgment dtd. 29/5/2006 in Crl. Appeal No. 117 of 2005 of the Additional District and Sessions Judge, Kozhikode, whereby judgment dtd. 12/1/2004 of the Judicial First Class Magistrate-II Thamarassery in C.C. No. 402 of 2003 was set aside by finding the accused/respondent not guilty of the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act').

(2.) The appellant/complainant filed the complaint under Sec. 138 of NI Act on the allegation that the accused borrowed Rs.1,70,000.00on 8/3/2003 and issued Exhibit P1 cheque dtd. 1/6/2003 in discharge of the debt, and subsequently when the cheque was presented for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of statutory notice, the accused failed to pay the cheque amount.

(3.) In the trial court, the complainant was examined as PW1 and Exhibits P1 to P12 were marked. From the side of the accused, DWs 1 to 3 were examined and Exhibits D1 to D5 were marked.